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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System New York City is a city where car accidents are frequent. While most of them are just fender benders, some can cause serious injuries. The injured party must immediately contact 911 and seek medical care. A New York car accident attorney can assist victims with their legal issues after an accident. They can help victims obtain compensation for medical expenses as well as lost income. No-fault insurance New York is an insurance no-fault state. This means that drivers, passengers and pedestrians as cyclists and bicyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages and other related costs to an accident. While this system has protected car accident victims from being buried due to cost-out-of-pocket but it is essential to know exactly what it means and does not mean. To be eligible for No-Fault Insurance you must satisfy a few criteria. First of all, you must be injured in a car accident that occurred within the state of New York. You must also be a driver, passenger in the vehicle that is insured or a cyclist or pedestrian hit by the vehicle. The person who was injured must be treated in a hospital or by an authorized provider. In addition you must have sustained a “serious injury.” New York State Insurance Law defines serious injuries as permanent impairment of function or disfigurement. All of these are serious and can have a negative impact on the life of a victim. If you've been injured in a New York car accident, an experienced New York injury attorney can help you get the compensation you're due. A lawyer can assist you with the legal process in a variety of ways following a serious car accident. They can help you understand your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also file a lawsuit in court on your behalf against the negligent driver responsible for the crash. After a serious car accident you could face huge medical bills, lost wages and other costs. These costs can be covered by no-fault insurance, and you should seek treatment immediately following a collision even if it seems as if you're in good shape. If you cannot return to work due to an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It also covers a large portion of your out-of-pocket costs, including the cost of household help. Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. Attendance is mandatory, as failure to do so may result in denial of benefits retroactively. Purely faults that are comparable In many car accident cases, the plaintiffs may be partially or fully responsible for the incident. The law gives injured parties the right to receive damages based on their percentage of fault. This is referred to as pure comparative negligence. Pure comparative differs from modified comparative, which caps the amount a person could be found to have in order to keep them from being eligible for financial compensation. Modified comparative fault states usually set the limit between 49 and 51 percent. In a case involving a car accident, the plaintiff's legal responsibility for the crash depends on proving two things that are causation and negligence. Negligence is the violation of a law, or committing a breach of the law with reckless negligence. Causation is the process by which the negligence directly caused the injury. To prove legal responsibility the plaintiff must demonstrate the economic loss that result from their injuries such as medical bills, lost income and travel expenses to appointments. Non-economic losses are emotional trauma, suffering and pain. New York is one of the states that have absolute comparative fault laws, which means that the injured party may still pursue recovery even if they are partially at fault. If the claimant is found to be more than 50 percent responsible, they are barred from claiming damages. In this case it is essential to work with a skilled attorney. Comparative fault applies to any personal injury or wrongful-death situation in which the victim (or their heirs) have suffered mental or physical injuries. However, the concept of comparative fault can be somewhat more complex in the case of wrongful death claims. It is important to understand the concept of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will assist you determine the severity of your personal responsibility to the accident, and work with insurance companies to ensure you receive the most compensation you can for your injuries. Additionally, if you have multiple defendants in your case, the concept of joint and numerous liability may apply. The system splits the verdict between all defendants when the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the maximum compensation for your injuries. Tactics of the Insurance Company Car accidents can be stressful enough, and the aftermath can be even more difficult. Victims of injuries often must deal with medical expenses and loss of income from being unable to work in addition to their physical pain and emotional distress. Rent and other costs of daily living are also a major concern. They don't have to be subjected the delay tactics employed by insurance companies to convince them to take low settlement offers. Insurance companies are in business to earn money. Union City injury attorney do this by refusing or reduce your claims. Insurance agents will employ every method to stop you from obtaining the amount you deserve. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will stand up to insurance companies and their sneaky tactics. Insurance companies will do everything in their power to delay your claim or slow the process to save as much money as possible. They will also try and avoid responsibility by arguing that the injuries aren't related to the accident or do not require treatment. They might even claim that you suffer from a previous medical condition that is the reason for your crash. In some cases, the insurance adjuster will offer a settlement that seems reasonable. This is a classic trick that many people are enticed by. This offer is lower than the amount you'll have to pay to cover your medical expenses and other damages. New York law requires that all drivers have no-fault insurance. It is not uncommon for people to sustain injuries while driving another's vehicle or in their vehicle. The most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving happens when a driver is using an electronic device while driving to send or receive text messages or phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions. Reckless driving You could be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help you examine the crash to determine all parties that could be liable for your injuries and losses. They can also file a lawsuit or claim against the driver to claim damages. The New York criminal code defines reckless driving as the act of operating the vehicle in a way that puts at risk the lives and safety of other motorists and pedestrians on bicycles. To find someone guilty the police officer must prove more than mere negligence or carelessness. This means that the officer must show that the driver knew their actions could cause an accident or put others in danger. In some instances even a minor traffic violation can be viewed as a form of reckless driving in New York. For instance driving at the red light or stopping sign could lead to serious injuries and accidents. If a driver is caught driving recklessly, they could be found guilty of misdemeanors and be subject to penalties such as fines or jail time. Incorrect driving can cause serious injuries to pedestrians, drivers, and bicyclists. A conviction for this type of offense could result in the addition of points to your license as well as hefty fines. This can cause a driver's insurance rates to increase substantially. It is essential to find an attorney in New York who will ensure the driver is convicted fairly. New York's reckless driving laws are quite strict and can lead to substantial penalties which include fines and even imprisonment. The severity of the punishment depends on a number of factors including the severity of the crash and whether or not there were any aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's license. A seasoned reckless driving accident lawyer knows how to find out the causes of a crash and gather evidence to demonstrate your innocence. This could include witness statements, phone records to check whether the driver was distracted, photographs and videos captured at the scene of the accident, official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum compensation for your injuries.